Cole dalton village


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Cole dalton village

  1. 1. ACSA’s ECCS:! iLearn, iGrow, iSucceed Safe Schools: It Takes A Village January 15, 2014! ! Presented by:! Cole Dalton, Esq.! Dalton Law Group, PC! Topics • School Districts’ Legal Responsibilities Under California & Federal Law • Examples of Prohibited Behavior • Implementing AB 1266 • Impact of Harassment • Exercises to Aid Compliance Video "3 Legislative Declarations • Combat racism, sexism and other forms of bias • Prevent & respond to acts of hate violence and bias-related incidents in an urgent manner • Teach & inform students of rights to increase awareness/understanding & promote tolerance and sensitivity
 All pupils have the right to participate fully in the educational process, free from discrimination and harassment. (Cal. Ed. Code § 200, 201(a)) California Law • Equal Protections under CCR: • Educational environment; • Extracurricular and club activities; • Retaliation. • Dress Code. (Source: 5 CCR § 4900, et seq.) APPLIES REGARDLESS OF: • disability • gender, gender identity or gender expression • nationality • race or ethnicity • religion • sexual orientation • Sexual Orientation • Gender Identity • Gender Expression • Gender Non-Conforming Common Language What Do We Mean By:
  3. 3. Gender Identity • gender "means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." Ed. Code § 210.7 Applies To Heterosexual Students Prohibits discrimination & harassment based upon: •“actual •sexual or perceived” orientation & gender identity. • (AB 537, California Student Safety & Violence Prevention Act of 2000); • (AB 777) • 5 CCR 4910(k) • Cal. Ed. Code § 210.2, 210.7, 212.5, 212.6 "10 What Is It? • “conduct based on protected status • that is severe or pervasive, • which unreasonably disrupts one’s educational or work environment • or that creates a hostile educational or work environment.” (Student Safety & Violence Prevention Act of 2000; Cal. Ed. Code § 201(c).) Graphic & Written Statements Can Include Use Of Cell Phones & Internet What Does That Mean? Name Calling Verbal Acts Any Conduct That May Be Physically Threatening, Harmful or Humiliating (Dear Colleague Letter, 55 IDELR 174 (OCR 2010)
  4. 4. Seth’s Law (7/1/12) New(er) CA Mandate “If school personnel witness an act of discrimination, harassment, intimidation, or bullying, he or she shall take immediate steps to intervene when safe to do so.” (Education Code Section 234.1(b)(1)) Affirmative Duties: Personnel • School personnel are to take immediate steps to intervene, when safe to do so, • If s/he witnesses an act of discrimination, harassment, intimidation, or bullying. (Ed. Code § 234.1) Affirmative Duties: Policies • Adopt a policy that prohibits discrimination, harassment, intimidation and bullying based on actual or perceived enumerated characteristics (Ed. Code § 234, et seq.) Affirmative Duties: Policies • Post policies in schools & offices, staff lounges & rooms that hold student government meetings • Publicize policies to parents, students, employees, agents of the governing board and the general public (Ed. Code § 234, et. seq.)
  5. 5. • Locker Rooms: Oh no you don’t • Clubs: You can not start a club with those people • Prom rules • Hateful slurs addressed inconsistently • School response gone awry Discriminatory Policies • Dress Codes: Go home and take that off! Discriminatory Policies • Displays of affection: YOU can’t do that here Affirmative Duties: Complaints • Adopt & implement a complaint process • To receive, investigate and resolve • Complaints of discrimination, harassment, intimidation, and bullying (Ed. Code § 234, et. seq.) Affirmative Duties: Complaints • Timeline to investigate and resolve complaints • Appeal process • Maintenance of complaint & resolution documents • Protection & confidentiality • Designation of compliance officer (Ed. Code § 234, et. seq.)
  6. 6. AB 1156 (amends 32261, 32282, 32283, 46600 and 48900) • encourages inclusion of policies aimed at prevention of bullying & cyberbullying in school safety plan • victims given priority to transfer to new school district FAIR Education Act • Signed into law on July 14, 2011 • Compels inclusion of political, economic & social contributions of LGBT people in textbooks & social studies curricula in CA public schools • Prohibits schools from sponsoring negative activities about sexual orientation or teaching students about it in an adverse way Another New Law: AB 1266 •Enacted August 12, 2013 •Requires that transgender students be permitted to participate in sex-segregated school programs and activities, and use facilities consistent with their gender identity, irrespective of the gender listed on the pupil’s records (Amendment to Ed. Code § 221.5) Colorado School Board Member: “Not In This District” “I don’t have a problem if some boys think they are girls, I’m just saying as long as they can impregnate a woman, they’re not going to go in the girls’ locker room.”
  7. 7. Brain Storming Federal Law • U.S. Constitution • First Amendment • Fourteenth Amendment • Equal Access Act • Title IX of Education Amendments of 1972 (2003) Congress shall make no law...abridging the freedom of speech...or the right of the people peaceably to assemble First Amendment and to petition the government for a redress of grievances. • No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; • nor shall any state...deny to any person within its jurisdiction the equal protection of the laws. (see Flores v. Morgan Hill Unified School District, 2003; Montgomery v. Independent School District, 2000; Nabozny v. Podlesny, 1996) Fourteenth Amendment, Art. 1 (Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969); Doe v. Yunits, 2000; Fricke v. Lynch,1980; Henkle v. Gregory, 2001)
  8. 8. Title IX Prohibits discrimination based on sex But has been held to apply to sexual harassment, regardless of gender And gender based harassment Applies regardless of the actual or perceived sexual orientation or gender identity of the harasser or target •School official with authority to address discrimination •acts with deliberate indifference to Title IX Lawsuit sexual harassment •of which he/she has actual notice and •the sexual harassment is so severe, pervasive, and objectively offensive that it deprives the victim of access to educational opportunities or benefits. (Ray v. Antioch Unified School District (N.D. Cal. 2000) 107 F.Supp.2d 1165; Davis v. Monroe (1999) 526 US 629.) Title IX Lawsuit - deliberate indifference • conscious disregard for a risk • response to known peer harassment in a manner that is clearly unreasonable. (Flores v. Morgan Hill Unified School District, F.3d 1130 (9th Cir. 2003).) Title IX Lawsuit School officials may be personally liable for another’s harassment if they are “aware of specific risk of harm” and they fail to take reasonable steps. (Flores v. Morgan Hill.)
  9. 9. Qualified Immunity •Government officials •Performing discretionary functions •Entitled to qualified immunity from liability for civil damages •where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” (Harlow v. Fitzgerald (1982) 457 U.S. 800, 818, Citing, Procunier v. Navarette, 434 U.S. 555, 565 (1978); Wood v. Strickland, 420 U.S., at 322.) Almost half (38.3%) of students had been physically harassed at school in the past year because of their sexual orientation. (2011 National School Climate Survey) Incidents of Harassment Three in ten students (27.1%) were physically harassed because of their gender expression. (GLSEN 2011 National School Climate Survey) 1/4 of CA students are harassed because they are not “as masculine as other guys” or “as feminine as other girls.” Stephen Russel et al., California Sade Schools Coalition Research Brief Impact of Harassment • 3 times more likely to miss school • Lower Academic Achievement • Significantly Lower grade point averages • Depression About 3.5 suicides in the US per day 11 teen suicides per day Attempts by gay and lesbian youth account for up to 30 % of all completed suicides. ( Lesbian, gay, and bisexual youth are up to 4 times more likely to attempt suicide than their heterosexual peers. (Massachusetts Youth Risk Survey 2007)
  10. 10. Walk The Walk “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” - Margaret Mead Bystander Upstander Perpetrator Exercises What’s working? What isn’t? Walking the walk Video - Exercise Exercise: 5 Steps For Changing Behavior On Campus 1. Address Immediately 2. Name The Behavior 3. Use/Create Teachable Moment 4. Support Targeted Student 5. Hold Students Accountable
  11. 11. Small Group Exercises • Practice makes perfect! January 20-24, 2014 October 19 - 25, 2014 Resources "43 Good Bye! Thanks for coming !